Ex Parte Mikota et al - Page 3


             Appeal No. 2006-2809                                                           Page 3               
             Application No. 10/867,713                                                                          

                   1. A powdered mousse mix comprising a source of carbohydrate, a                               
                   source of protein, a source of fat and particles of a gas-generating                          
                   ingredient comprising a carbohydrate and protein matrix that contains                         
                   entrapped gas in an amount that can release at least 1 ml of gas per gram                     
                   of gas-generating ingredient at ambient conditions upon contacting with a                     
                   liquid.                                                                                       
                   24. A method of making a mousse without excessive or extensive                                
                   stirring, which comprises adding a gas-generating ingredient in a                             
                   powdered food mix containing a source of proteins, a source of                                
                   carbohydrates and a source of fat, with the gas-generating ingredient                         
                   comprising a carbohydrate and protein matrix that contains entrapped gas                      
                   in an amount that can release at least 1 ml of gas per gram of gas-                           
                   generating ingredient at ambient conditions upon contacting with a liquid,                    
                   and then reconstituting the mousse by adding the resulting powdered food                      
                   mix to a liquid with gentle stirring.                                                         
                   Thus, claim 1 is directed to a powder comprising carbohydrate, protein, fat, and a            
             gas-generating ingredient.  The gas-generating ingredient comprises a carbohydrate                  
             and protein matrix that contains entrapped gas in an amount that can release at least               
             1 ml of gas per gram of gas-generating ingredient.  The powder is capable of forming a              
             mousse by being contacted with a liquid and gently stirred.  Specification, page 3.                 
                   Claim 24 is directed to a method of making a mousse comprising adding a                       
             powder like that defined in claim 1 to a liquid and gently stirring.  Gentle stirring refers to     
             “stirr[ing] and intimately mix[ing] thanks to a soft, slow, continuous and uniform                  
             movement.”  Specification, page 3.                                                                  
                   We understand that those skilled in the art interpret a “mousse” to mean a                    
             relatively light food product having a spongy or foam structure containing air bubbles.             
             See Menzi, col. 1, lines 9-15.  The mousse may have a viscosity ranging “from a firm                
             mousse to a foamy slurry.”  Specification, pages 3-4.                                               








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